Sex Offenders Act 2001

Discharge from obligation to comply with requirements of this Part.

11

11. —(1) A person who, by reason of sections 7 and 8, is subject to the requirements of this Part for a period of an indefinite duration may apply to the court for an order discharging the person from the obligation to comply with those requirements on the ground that the interests of the common good are no longer served by his or her continuing to be subject to them.

(2) An application under this section shall not be made before the expiration of the period of 10 years from the date of the applicant's release from prison.

(3) The applicant shall, not later than the beginning of such period before the making of the application as may be prescribed, notify the superintendent of the Garda Síochána of the district in which he or she ordinarily resides or has his or her most usual place of abode of his or her intention to make an application under this section.

(4) That superintendent or any other member of the Garda Síochána shall be entitled to appear and be heard at the hearing of that application.

(5) On the hearing of an application under this section, the court shall, if satisfied that the interests of the common good would no longer be served by the applicant's continuing to be subject to the requirements of this Part, make an order discharging the applicant from the obligation to comply with those requirements.

(6) In considering an application under this section, the court may require to be adduced, in such form as it thinks appropriate, evidence (including expert evidence) with regard to whether or not the interests of the common good would any longer be served by the applicant's continuing to be subject to the requirements of this Part.

(7) If the court makes an order discharging the applicant from the obligation to comply with the requirements of this Part, the court shall cause the Garda Síochána to be notified, in writing, of that discharge.

(8) The jurisdiction of the court in respect of an application under this section may be exercised by the judge of the circuit where the applicant ordinarily resides or has his or her most usual place of abode.

(9) Proceedings under this section shall be heard otherwise than in public.

(10) In this section—

“applicant” means the person referred to in subsection (1);

“court” means the Circuit Court;

“date of the applicant's release from prison” means the date on which the applicant's sentence of imprisonment referred to in section 8(3) expires or, as the case may be, his or her remission from the sentence begins.